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Business law - Assignment Example

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Business Law Answer to Question 2 The case that the attorney will file will be a personal injury case. The key element that needs to be proven by the brain surgeon’s attorney are the following: Are the steps where the brain surgeon stepped on that leads to the business establishment is owned by the business establishment…
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Download file to see previous pages... Was there any due diligence conducted by the owners of the establishment to ensure that the walk way was safe for its customers. In personal injury cases, normally the lawyers get paid from a percentage of the amount won by the lawyer. The type of damages that the business would likely pay are the actual damages which would include the cost of hospitalization, the compensation the brain surgeon would have likely earned from the time he was injured up to the remaining years of his productive life, exemplary damages and moral damages. However, these types of cases will be paid for by the insurance and whatever money the business has. The liability of its partners would be limited to the investment that they have put in. The possible defences that can be raised are the following: Contributory negligence of the brain surgeon at his age he should not be walking much less traveling during a snow storm. The place where the brain surgeon was injured is not part of the property of the business. The accident was predicated from an act of god which is the snow storm, without the snow storm there would not have been any accident. Therefore the accident can be considered as an act of god and therefore cannot be blamed on anybody. Answer to Question 3 The alleged crime is punishable by 1 year or more due to the length of time and the amount involved. The crime is considered a felony due to the amount involved. There will be an indictment because embezzlement is considered a public crime. Yes, I would expect the grand jury at the state level to get involved. The grand jury will determine if a crime has been committed that would warrant a trial. After you have informed or complained to the police, the police will look for evidence that would prove the existence of a crime and possible suspects. As soon as a crime has been proven to exist a prosecutor will be assigned to your case. In order for a case to be filed in court, the prosecutor will present the case to the grand jury to get an indictment. The indictment would then be used to acquire a search warrant to search the personal laptop of the accountant. The only protection the accountant has is the presumption of innocence until he has been proven to be guilty. If there is strong evidence that links the accountant to the crime, search warrants can be issued to gain access to the laptop. No, the judge is conferred the sole power and authority to mete the appropriate penalty against the accountant. The jury is empowered to award damages only in libel cases. Question 3 The case would definitely be sexual harassment. Sexual harassment exists when a female employee is subjected to unwanted conduct by her superiors. Sexual harassment is a personal crime and if the victims felt that she is being victimized then she can file a complaint or an administrative case against her superiors for acts that violate her dignity. If the action of her superiors create a hostile environment that would intimidate or humiliate her and more importantly, if her superiors would make unwanted advances which are sexual in character intended to violate her dignity or create a hostile environment that would intimidate or humiliate her a formal complaint is warranted. Another case that maybe filed collectively by the women in the work place is sexual discrimination. A defence that comes to mind is to immediately fire the erring manager. A case against the manager ...Download file to see next pagesRead More
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